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Home My WebLink AboutPC Res 93-45 - 1993-09-22 . . RESOLUTION NUMBER 93-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 93-12, AMENDING THE HOURS OF OPERATION AS APPROVED THROUGH CUP 93-3 IN CONJUNCTION WITH AN EXISTING SUPERMARKET LOCATED AT 13960 SEAL BEACH BOULEVARD (SEAL BEACH MARKET) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB Section 1 On August 26, 1993, PaCific Food Services, Inc filed an applicatIOn for CUP 93-12 With the Department of Development SeTVIces The applicant seeks to amend the hours of operation as approved through CUP 93-12 at an eXisting grocery market located at 13969 Seal Beach Boulevald (Seal Beach Market) The apphcant IS proposmg to operate from 7 a m to lOp m dally Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUIdelines, staff has detelmlned as follows The applicatIOn for CUP No 93- I 2 IS categoncally exempt from review pursuant to the California EnVIronmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Exlstmg Uses), because It mvolves the negligIble expansion of an eXIsting use, pursuant to 9 15305 (Minor AlteratIOns m Land Use Limitations), because the proposal Involves a minor alteration In a land use limitation and does not mvolve either a property m excess of20% slope or a change m land use or denSity, and finally, pursuant to ~ 15061 (b )(3), because It can be seen With certamty that there IS no POSSibIlity that the approval may have a Significant effect on the environment Section 3 A duly noticed public heanng was held before the Planning CommISSion on September 22, 1993 to conSIder the applicatIOn for CUP No 93-12 No wntten eVidence was submitted for or against the project At the public hearmg no one spoke m favor of the request and no one spoke In oppOSItIOn Section 4 The record of the heanng on September 22, 1993 indicates the followmg (a) On August 26, 1993, PaCific Food Services, Inc filed an application for CUP 93-12 With the Department of Development ServIces (b) The applicant IS requesting to amend the hours of operation as approved through CUP 93-3 from 8 a m to 6 p m datly to 7 a m to 10 p m datly at an eXIsting grocery market located at 13969 Seal Beach Boulevard (Seal Beach Market) (c) The Planning CommiSSion approved CUP 93-3 on March 3, 1993 through the adoption of Resolution 93-12 (attached) (d) CondItion No 4 of ResolutIOn 93-12 established the follOWing hours of operation for the market 800am t0600pm 900am t0500pm Monday through Saturday Sunday (e) The subJect property IS Identified as Orange County Assessor's Parcel Number 095-641-45 (f) The subJect market, recently reopened after remodeling, contams approximately 21,000 squale feet ofretatl space and IS located WIthin the Leisure World Shoppmg Center The center, a 7 36 acre mixture of commelclal uses, IS located approximately 210 feet northerly of the center of the intersection of Seal Beach Boulevard and Westminster Avenue F \. \CUP\R93 12 BCC. bee PlatUlIng Conum....lon R~olutlon No 9345 (g) The shoppmg center has 750 feet offrontage on Seal Beach Boulevard (h) The surrounding land use and zOning are as follows NORTH & SOUTH Mixed commercial uses located wlthm the Leisure World Shoppmg Center m the Service Commercial (C-I) Zone EAST ResidentIal uses located wlthm the community of Leisure World m the ResIdential High Density zone - Planned Unit Development, (RHO (PD)) WEST The Naval Weapons Statton Seal Beach IS located across Seal Beach Boulevard m the Pubhc Land Use zone, (PLU) (I) The subJect property currently meets all reqUIrements of the Code pertammg to parking (0 ChIef of Police Btll Stearns has reviewed thiS request and has no concerns regardmg the grantmg of thIS request (k) The City has received no responses, wntten or other, to ItS maIled nottce regarding CUP 93-12 Section 5 Based upon the facts contamed m the record, mcludmg those stated m ~ 4 of thIs resolution, and pursuant to ~q 28-2503 and 28-2504 of the City's Code, the Planning CommIssion hereby finds as follows (a) Staff mspected the subJect property on September 14, 1993, and found that the supennarket meets all reqUIrements of the Code, as well as all conditions of CUP 93-3 (b) CUP 93-12 IS consIstent With the prOVISIons of the Land Use Element of the City's General Plan, whIch prOVIdes a "service commercial" deSignation for the subject property and permits Alcohol Related Land Uses subJect to the Issuance ofa Conditional Use PermIt and pennlts commercial uses to operate between the hours of 6 a m and 2 a m by nght The use IS also consistent With the remaining elements of the CIty's General Plan as the poliCies of those elements are consistent With, and reflected m, the Land Use Element Accordmgly, the proposed use IS consistent WIth the General Plan (c) The bUlldmg and property at 13960 Seal Beach Boulevard are adequate m Size, shape, topography and location to meet the needs of the proposed use of the property (d) ReqUIred adherence to applicable bUlldmg and fire codes ensure there WIll be adequate water supply and uttlltles for the proposed use (e) The subJect super market has been m contmuous operatIon for 25-plus years WIth no record of significant pohce or other problems (t) The sale of beer and wme for off-premises consumptIOn dunng the requested hours IS compatIble With the character of the surroundmg neighborhood Adherence to conditIOns of approval placed on the use by both the CIty of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative Impacts to nelghbonng reSidential properties (g) The Seal Beach Police Department has revIewed the eXlstmg records of the liquor store and has no reservations regarding the requested license SectIOn 6 Based upon the foregomg, the Planning CommiSSIOn hereby approves Condlttonal Use Pel mlt 93-12, subJect to the followmg condlttons .. \ \UJP\Rl)3 12 Bce bee: Page 2 Plmmmg Comml~ton R~lutlon No 93-45 I CUP # 93-12 IS approved for an alcohol related land use at 13960 Seal Beach Boulevard and IS Issued to Pacific Food ServIces, Ync for Seal Beach Market The permitted use allows the sale of beer and wine for off-premIses consumption 2 The applicant shall comply wIth all restrictions placed upon the license Issued by the State of California Department of Alcoholic Beverage Control 3 The applicant shall furnIsh the City a copy of his ABC license and a copy of any conditions placed on the license by the Depaltment of Alcoholic Beverage Control ThiS shall be done as soon as the license IS receIved by the applicant from the State of Callforma Department of Alcoholic Beverage Control 4 The hours of operatIon shall be Dally 7 00 a m to 10 00 P m 5 No video game~ or Similar amusements shall be permitted on the premIses 6 No lighted signs advertlsmg alcoholic beverages shall be placed In the window areas, nor shall any other sIgns advertiSing speCIfic brands of alcoholic beverages be permitted m the WIndow areas IntenOl displays of alcoholic beverages which are clearly VISible to the extenor shaJl constitute a VIolation of thiS condition 7 The applicant wIll prommently dIsplay these condItions of approval m a locatton Within the busmess's customer area that IS acceptable to the Director of Development ServIces 8 ThiS Conditional Use Pennlt shall not become effective for any purpose unless an "Acceptance of Conditions" form has been Signed by the applicant m the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (I 0) day appeal penod has elapsed 9 A modification of this Conditional Use Permit shall be obtained when (a) The establishment proposes to change ItS type of liquor license (b) The establishment proposes to modify any of It'S current conditions of approval (c) There IS a substantial change In the mode or character of operations of the establishment YO The Planning CommiSSion reserves the Ilght to revoke or modIfy thl~ ConditIOnal Use PermIt If any VIolation of the apPIOved conditions occurs, any Violation of the Code of the City of Seal Beach, occurs, or for those reasons specltied by Article 28, and In the manner speCified m Article 25, of Chapter 28 of the Code of the City of Seal Beach Y I Extenor lighting m the parking area shall be kept at a level so as to prOVIde adequate lIghtmg for patrons while not unreasonably disturbing surroundmg residentIal or commerCIal areas 12 In the event staff determines that security problems eXist on the SIte, the conditIOns of thIs permIt may be amended, under the procedures of the Seal Beach MUnlcIDal Code. to reqUire the proVIsIOn of additional security measures 13 The establishment shall have a public telephone lIstmg 14 It shall be the responsIbility of the applicant/licensee to proVide all employees that sell or serve alcoholic beverages With the knowledge and skIlls that Will enable them to comply WIth their responsibilities under State law 15 The knowledge and skills deemed necessary for responsIble alcohohc beverage seTVIce shall Include, but not be limIted to the follOWing tOpiCS and skills development Jo' \cUP\R9312 Ht..l.btc Page 3 , h Plaruung ConunI~lon Rcr.olut.OfJ No 93-45 a) State laws relating to alcoholic beverages, particularly ABC and penal provIsions concernmg sales to minors and mtoxlcated persons, dnvmg under the mfluence, hours oflegal operatIOns and penalties for VIolatIOns of these laws b) The potentIal legal liabilitIes of owners and employees of bUSinesses dispenSing alcoholic beverages to patrons who may subsequently Injure, kill, or harm themselves or Innocent vIctims as a result of the excessive consumptIOn ofalcohohc beverages c) Alcohol as a drug and ItS effects on the body and behaVIor, mcludlng the operation of motor vehicles d) Methods for dealing wIth intoxIcated customers and recognizing underage customers The following organizations have been Identified by the State Department of Alcoholic Beverage Control as prOViding training programs which comply wIth the above cntena I) Department of Alcoholic Beverage Control LEA D Program Telephone (714) 558-6482 2) Orange County A D E P T Program, for referral to either the BAD D or TIP S Program Telephone (714) 568-4187 16 LItter and trash receptacles shall be located at convenient locatIons mSlde and outSide the establishment, and the operator of the establishment shall remove trash and debns on an appropnate baSIS so as not to cause a health problem There shall be no dumping of trash and/or glass bottles outSIde the establishment between the ours of 10 00 P M and 7 00 AM 17 The Planning CommiSSion reserves the right to revoke or modlty thiS CondItional Use Permit pursuant to ArtIcles 25 and 28 of the Code of the CIty of Seal Beach Ifharm or retaIl related problems are demonstrated to occur as a result of cnmlnal or antisocial behaVIOr, including but not limited to the congregatIon ofmmors, Violence, public drunkenness, vandalism, soliCItatIOn and/OI litter 18 The sale of alcoholic beverages for consumption on the premises shall be prohIbited and there shall be appropnate posting of signs both inSIde and outSide the licensed premises that dnnkmg of alcohohc beverages on the premises IS prohibited by law The premises shall Include the licensed premises proper, appurtenant and reqUired parking areas, and appurtenant common areas If located In a commercIal center PASSED, APPROVED AND ADOPTED by the Planning CommISSion of the City of Seal Beach at a meetmg thereof held on the 22nd day of September, 1993 by the followmg vote AYES CommiSSioners Camobell. Dahlman. Law. Shalp. Soukup NOES CommiSSIoners ABSENT CommiSSIoners --- l t2~4(L Anton Dahlman, ChaIrman Planning CommiSSion e Whittenberg, Secl etary Planning CommiSSIon F\ \CUP\R.9l-12 8("Cbc:c Page 4